Limitation and Conditions on Payments. In the event that the severance and other benefits provided to Employee under this Agreement and any other agreement (i) constitute “parachute payments” within the meaning of Section 280G of the Code and (ii) but for this Section, would be subject to the excise tax imposed by Section 4999 of the Code, then Employee’s severance benefits under Sections 2(a) and 2(b) shall be payable either:
Appears in 10 contracts
Samples: Management Continuity Agreement (Assertio Holdings, Inc.), Management Continuity Agreement (Assertio Holdings, Inc.), Management Continuity Agreement (Assertio Therapeutics, Inc)
Limitation and Conditions on Payments. In the event that the severance and other benefits provided to Employee under for in this Agreement and any other agreement to the Employee (i) constitute “parachute payments” within the meaning of Section 280G of the Internal Revenue Code of 1986, as amended (the “Code”) and (ii) but for this Section, would be subject to the excise tax imposed by Section 4999 of the Code, then the Employee’s severance benefits under Sections 2(a) and 2(b) shall be payable either:
Appears in 2 contracts
Samples: Management Continuity Agreement (Depomed Inc), Management Continuity Agreement (Depomed Inc)
Limitation and Conditions on Payments. In the event that the severance and other benefits provided to Employee under this Agreement and any other agreement (i) constitute “parachute payments” within the meaning of Section 280G of the Internal Revenue Code of 1986, as amended (the “Code”) and (ii) but for this Section, would be subject to the excise tax imposed by Section 4999 of the Code, then Employee’s severance benefits under Sections 2(a) and 2(b) shall be payable either:
Appears in 1 contract
Limitation and Conditions on Payments. In the event that the severance and other benefits provided to Employee under this Agreement and any other agreement (i) constitute “"parachute payments” " within the meaning of Section 280G of the Code and (ii) but for this Section, would be subject to the excise tax imposed by Section 4999 of the Code, then Employee’s 's severance benefits under Sections 2(a) and 2(b) shall be payable either:
Appears in 1 contract
Samples: Management Continuity Agreement (Novus Therapeutics, Inc.)